Orange County NC Website
Browse       Search
28 <br /> LAW OFFICES <br /> COLEMAN, GLEDHILL & HARGRAVE <br /> A PROFESSIONAL CORPORATION <br /> 129 E.TRYON STRW <br /> P.O.DRAWER 1529 <br /> HII.ISBOROUGH.NOKM CAROLINA 27278 <br /> 919.732.2196 FROM THE DESK OF <br /> FAX 919-732-7997 GEOFFREY E.GLMHILL <br /> June 21, 1996 <br /> Ms. Mary Willis <br /> Supervisor <br /> Orange County Planning Department <br /> Post Office Box 8181 <br /> Hillsborough, North Carolina 27278 <br /> RR: Telecoomun cations Tourers <br /> Dear Mary: <br /> This letter confirms our June 20, 1996 telephone <br /> conversation. Upon reconsideration of the question of whether <br /> telecommunications tower installations constitute a subdivision <br /> of land, it is now my opinion that they do not. North Carolina <br /> General Statutes S 153A-335 defines a subdivision, for the <br /> purpose of subdivision regulations, as "all divisions of a tract <br /> or parcel of land into two or more lots, building sites, or other <br /> divisions for the purpose of sale or building developments <br /> (whether immediate or future) and includes all division of land <br /> involving the dedication of a new street or a change in existing <br /> streets. . . . " All of the telecommunications tower installations <br /> that have occurred in Orange County have occurred pursuant to <br /> leases of 25 years or less and, the facilities placed on the <br /> leased premises have been towers, guy wires, electronic equipment <br /> and perhaps a small facilities building. It is now my view that <br /> these leases are not sales of property and, it is now my view <br /> that the facilities erected on the tower sites are not building <br /> development. Therefore, unless the tower site involves the <br /> dedication of a new public street or a change in an existing <br /> public stsimt (not likely) , there is no division of land for <br /> subdivision regulation purposes. I therefore recommend that the <br /> applications for telecommunications towers be reviewed by the <br /> .Planning Department pursuant to Orange County Zoning Ordinance <br /> requirements only. <br /> The consequence of zoning regulation review only is that it <br /> will not be necessary for the Planning Department or me to review <br /> lease agreements between the tower company and the property <br /> owner. However, it will be necessary for any special use permit <br />